RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE REPUBLIC OF UZBEKISTAN

2. Courts need to consider carefully cases on protection of honor, advantage and goodwill, meaning that the correct application of the legislation promotes realization of the rights of the citizens guaranteed by article 26 of the Constitution of the Republic of Uzbekistan that honor and advantage of the person are inviolable and nothing can be the basis for their derogation.

Requirements about confutation discrediting honor, advantage and goodwill of data are subject to judicial review irrespective of in what form and what method they are distributed.

3. According to Art. 27 of the Law of the Republic of Uzbekistan "About mass media" legal entities and physical persons, whose rights and legitimate interests are violated as a result of the publication, have the right to publish confutation or the answer in these mass media. The obligatory term of publication in newspapers - within one month from the date of receipt of confutation or the answer, in other periodicals - in the future issue.

The legal entity and physical person has the right to appeal with the claim to court in case of evasion of mass media from the publication of confutation or the answer or violation of fixed term of the publication.

4. The action for declaration about protection of honor, advantage and goodwill is subject to payment by the state fee as the statement of non-property nature. If requirement about collection of material and moral damage is at the same time imposed, the national duty is collected in accordance with general practice, proceeding from the claim price.

5. Explain to courts that the claimant shall produce the evidence in confirmation of the distribution fact about it the damaging evidence person to whom the claim is made.

In case of submission of the action for declaration without observance of requirements of articles 189 and 190 GPK, it returns to the claimant based on part one item 4 of Article 195 GPK the corresponding determination of the judge. Return of the action for declaration does not interfere with repeated appeal to the court in general procedure after elimination of the allowed violations.

7. According to the p. 2 of Art. 100 of group of companies the interested person has the right to judicial honor and dignity protection and in that case when the damaging evidence is spread concerning the died member of his family or other relative.

If the damaging evidence is spread concerning the minor or person recognized in accordance with the established procedure incapacitated the statement for protection of their honor and advantage legal representatives (parents, adoptive parents, guardians), custodians or the prosecutor according to the procedure Article 50 GPK have the right to give.

8. It is necessary to understand publication as distribution of the data discrediting honor, advantage and goodwill of legal entity or physical person them in mass media, statement in the office characteristics, public statements, statements addressed to officials or the message in other, including oral form to several persons or at least one person.

The message of such data cannot only be recognized to person whom they concern their distribution.

9. Explain to courts that such data which belittle honor, advantage and goodwill in public opinion or opinion of certain citizens from the point of view of compliance with laws, the moral principles of society are considered as the damaging evidence.

Requirements about confutation of the data containing the untrue criticism of shortcomings of work, behavior in the public place, collective, life cannot be recognized reasonable.

10. According to the procedure of preparation of case for legal proceedings it is necessary to find out proper defendants in case, meaning that if the statement contains the requirement about confutation of the information spread in mass media as defendants the author and relevant organ of mass information is attracted. When data contain in official reports (Art. 40 of the Law of the Republic of Uzbekistan "About mass media"), the court can involve as the codefendant and person who originally spread the false information.

In claims for confutation of the damaging evidence stated in office characteristics, defendants are persons which signed them, and the companies, organizations, the organizations on behalf of which the characteristic is issued.

If the damaging evidence is published in the wall or large-circulation newspaper which is not allocated with civil standing in court, the proper defendant along with the author of the published materials, there will be organization which body is the newspaper.

11. In judicial session the following circumstances are subject to comprehensive examination:

a) whether the information which confutation the claim is declared are spread;

b) whether they discredit honor, advantage and goodwill of the citizen or legal entity;

c) whether they are true.

The obligation of proof of compliance of validity of the spread information owing to Article 100 of group of companies is assigned to the defendant.

The amount of compensation of moral (non-property) harm is determined depending on nature and contents of the publication belittling honor and advantage of the citizen, its reputation, degrees of fault of mass media or particular persons in publication of the untrue data and from establishment of other circumstances deserving attention connected with the publication.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info